Bill Text: NY A10340 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires electors to vote for the presidential and vice presidential candidate who received the highest number of votes in the state.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2020-07-23 - ordered to third reading rules cal.327 [A10340 Detail]

Download: New_York-2019-A10340-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10340--A

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee  on  Election  Law  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the election law, in relation to requiring  electors  to
          vote for the presidential and vice presidential candidate who received
          the highest number of votes in the state; and providing for the repeal
          of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 12-106 of the election law is amended  to  read  as
     2  follows:
     3    §  12-106.  Electoral  college;  vote of the electors.  1. Immediately
     4  after the organization of the electoral college, the electors shall then
     5  and there vote by ballot for president and vice president, but no  elec-
     6  tor shall vote for more than one person who is a resident of this state.
     7  They  shall  name in separate ballots the persons voted for as president
     8  and vice president. They shall make and sign six certificates of all the
     9  votes given by them,  each  of  which  certificates  shall  contain  two
    10  distinct  lists, one with the votes for president and one with the votes
    11  for vice president. There shall be annexed to each of  the  certificates
    12  one  of the lists of electors which shall have been furnished to them by
    13  the state board of elections. They shall seal  up  the  certificates  so
    14  made and certify upon each that the lists of all the votes of this state
    15  given for president and vice president are contained therein.
    16    2.  Notwithstanding  any other section of law, each elector shall cast
    17  his or her ballot for president and vice president  for  the  candidates
    18  for  these  offices  who received the highest number of votes within the
    19  state. Refusal or failure to vote for the candidates for  president  and
    20  vice president who received the highest number of votes within the state
    21  shall  constitute a resignation from the office of elector, and any such
    22  vote by an elector shall not be recorded. The ballots used by the  elec-
    23  tor  shall  bear  the  name of the elector. The remaining electors shall
    24  forthwith fill the vacancy in accordance with  section  12-104  of  this
    25  title.
    26    §  2.  This  act  shall take effect immediately and shall apply to all
    27  electors for all elections occurring on and after such  date  and  shall
    28  expire and be deemed repealed July 1, 2024.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14309-06-0